Samuel Hodge successful in Fortress Policy Portfolio LLC v Marlborough Opportunities Ltd [2025] EWHC 2021 (Ch).
ICCJ Greenwood made an order winding up the Company despite opposition from Opposing Creditors. The Court held that the Opposing Creditors were not entitled to take points as to the Petitioner’s standing by arguing that the Petitioner’s debt was disputed on substantial grounds. That was because the Opposing Creditors sought to do so not in the character as members of the class of unsecured creditors, but effectively on behalf of the Company, in circumstances where the Company did not attend to oppose itself. Further, the Judge in his discretion held that the balance was firmly in favour of a winding up order.
